§ 596 — Claim filing, registration, and reporting

New York § 596

• Jurisdiction: New York
• Law LAB: Labor
• Title 7: Benefits and Claims
• Art. 18: Unemployment Insurance Law

Text

§ 596. Claim filing, registration, and reporting. 1. Claim filing and\ncertification to unemployment. A claimant shall file a claim for\nbenefits in such manner as the commissioner shall prescribe. The\nclaimant shall disclose whether he or she owes child support\nobligations, as hereafter defined. If a claimant making such disclosure\nis eligible for benefits, the commissioner shall notify the state or\nlocal child support enforcement agency, as hereafter defined, that the\nclaimant is eligible.\n A claimant shall correctly report any weeks of employment and any\ncompensation received for such employment, including employment not\nsubject to this article, and the weeks during which he or she was\ntotally unemployed or partially unemployed and shall make such reports\nin accordance with such regulations as the commissioner shall prescribe.\n 2. Child support obligations. (a) The term "child support obligations"\nmeans obligations enforced pursuant to an approved plan under section\nfour hundred fifty-four of the federal social security act. The term\n"state or local child support enforcement agency" means any agency of\nthe state or a political subdivision thereof operating pursuant to such\na plan.\n (b) Notwithstanding the provisions of section five hundred ninety-five\nof this article, the commissioner shall deduct and withhold child\nsupport obligations from benefits payable to a claimant (including\namounts payable by the commissioner pursuant to an agreement under any\nfederal law providing for compensation, assistance, or allowances with\nrespect to unemployment) in the amount specified by the claimant, the\namount determined pursuant to an agreement between the claimant and the\nstate or local child support enforcement agency submitted to the\ncommissioner, or the amount required to be deducted and withheld through\nlegal process, whichever amount is the greatest. Such amount shall be\npaid to the appropriate state or local child support enforcement agency,\nand shall be treated for all purposes as if paid to the claimant as\nbenefits and paid by the claimant to such agency in satisfaction of the\nclaimant's child support obligations. Each such agency shall reimburse\nthe commissioner for the administrative costs attributable to child\nsupport obligations being enforced by the commissioner.\n 3. Uncollected overissuance of food stamps. (a) The term "uncollected\noverissuance of food stamps" has the meaning prescribed in section\nthirteen (c)(1) of the federal food stamp act of 1977. The term\n"appropriate state food stamp agency" means any agency of the state or a\npolitical subdivision thereof enforcing the collection of such\noverissuance.\n (b) Notwithstanding the provisions of section five hundred ninety-five\nof this article, the commissioner shall deduct and withhold uncollected\nover issuances of food stamps from benefits payable to a claimant\npursuant to section thirteen (c)(3) of the federal food stamp act of\n1977; provided, however, that no agreement pursuant to this section\nshall reduce benefits by an amount in excess of the greater of ten\npercent of the weekly benefit amount or ten dollars, unless claimant\nspecifically requests, in writing, to reduce benefits by a greater\namount. Any amount deducted and withheld under this subdivision shall be\npaid to the appropriate state food stamp agency, and shall be treated\nfor all purposes as if paid to the claimant as benefits and as if paid\nby the claimant to such agency in satisfaction of claimant's over\nissuance of food stamps coupons. To the extent permitted by federal law,\nthe procedures for correcting overpayments shall be designed to minimize\nadverse impact on the claimant, and to the extent possible, avoid undue\nhardship.\n (c) Each such agency shall reimburse the commissioner for the\nadministrative costs incurred under this subdivision in a manner\nconsistent with a memorandum of understanding as approved by the\ndirector of the division of the budget. Such reimbursement shall be\nconsistent with federal law and regulations.\n 4. Registration and reporting for work. A claimant shall register as\ntotally unemployed or partially unemployed with the department in\naccordance with such regulations as the commissioner shall prescribe.\nAfter so registering, such claimant shall report for work at the same\nlocal state employment office or otherwise give notice of continued\ntotal or partial unemployment as often and in such manner as the\ncommissioner shall prescribe.\n 5. Part time work. Notwithstanding any other provisions of this\narticle, a claimant who for reasons personal to himself or herself is\nunable or unwilling to work full time and who customarily worked less\nthan the full time prevailing in his or her place of employment for a\nmajority of the weeks worked during the applicable base period, shall\nnot be denied unemployment insurance solely because the claimant is only\nseeking part time work. For purposes of this subdivision, "seeking part\ntime work" shall mean the claimant is willing to work for a number of\nhours per week that are comparable to the claimant's part time work\nduring the majority of time in the base period.\n 6. An individual filing a new claim for unemployment benefits shall,\nat the time of filing such claim, be advised that:\n (a)(1) Unemployment benefits are subject to federal, state and local\nincome tax;\n (2) Requirements exist pertaining to estimated tax payments;\n (3) The individual may elect to have federal and/or state income tax\ndeducted and withheld from the individual's payment of unemployment\nbenefits at the amount specified under the federal internal revenue code\n(26 U.S.C.A. 3402(p)(2)) and/or the state income tax withholding tax\nschedules as specified under the tax law and relevant regulations; and\n (4) The individual shall be permitted to change a previously elected\nwithholding status.\n (b) Notwithstanding the provisions of section five hundred ninety-five\nof this article, the commissioner shall deduct and withhold federal\nand/or state income tax from benefits payable to an individual if such\nindividual elects such withholding. Amounts deducted and withheld from\nunemployment benefits shall remain in the unemployment trust fund until\ntransferred to the appropriate taxing authority as a payment of income\ntax.\n (c) The commissioner shall follow all procedures specified by the\nUnited States department of labor, the federal internal revenue service,\nthe state department of labor and the state department of taxation and\nfinance pertaining to the deducting and withholding of income tax\nauthorized under this subdivision.\n (d) Amounts shall be deducted and withheld under this subdivision only\nafter amounts are deducted and withheld for any overpayment of\nunemployment benefits, child support obligations, food stamp over\nissuances or any other amounts required to be deducted and withheld\nunder this article.\n 7. Notwithstanding the provisions of section five hundred ninety-five\nof this title, the commissioner shall deduct and withhold any\noverpayments established under this article or under any state or\nfederal unemployment compensation program from benefits payable to an\nindividual. No penalties or interest assessed pursuant to section five\nhundred ninety-four of this title may be deducted or withheld from\nbenefits.\n